New Orleans, B., R. M. & C. A. S. S. Co. v. Louisiana Const. & Imp. Co.

Nos. 467, 468, 469, 470, and 471
Decided Circuit Court of Appeals, Fifth Circuit
Disposition
affirmed
full scope · unanimous
Scan to open on mobileScan to open on another device
Court
District Court of the United States for the Eastern District of Louisiana
Decided
Judge
PARDEE, Circuit Judge
Posture
Decrees rendered against vessels for wharfage dues
Claimant/Vessel Owners (4)
New Orleans, Belize, Royal Mail & Central American Steamship Company, Limited
J. S. Zacharie
v.
Libelant/Wharf Lessee (1)
Louisiana Construction & Improvement Company
J. B. Beckwith
Other parties: City of New Orleans — Municipality granting leases, Northeastern Railroad Company — Wharf builder and licensor

Overview

The decrees appealed from are affirmed.

Case summary

This admiralty case involved a dispute over wharfage dues for vessels using wharves in New Orleans. The Louisiana Construction & Improvement Company, as lessee of public wharves from the city, sought to collect wharfage from vessels owned by the New Orleans, Belize, Royal Mail & Central American Steamship Company that used wharves built by the Northeastern Railroad Company between Port and Montegut streets. The railroad company's contract with the city exempted vessels on its business from wharfage, but reserved the city's right to collect dues from other vessels. The city had leased wharfage revenues to the construction company. The district court decreed against the vessels, and the Circuit Court of Appeals affirmed, holding that under the contracts, the construction company had the right to collect wharfage from vessels not engaged in the railroad company's business.

Abstract

A lessee of public wharves sought to collect wharfage dues from vessels using the wharves, which had been built by a railroad company under a city contract exempting its own business vessels but reserving the city's rights over others. The city had leased wharfage revenues to the lessee, and lower courts ruled in favor of collection from non-railroad vessels. The appellate court affirmed the decrees based on the contracts.

Opinion of the court

Majority
opinion
PARDEE, Circuit Judgejoined by McCORMICK, Circuit Judge, SPEER, District Judge
  • City's lease to construction company conveyed all wharfage rights city had
  • Railroad contract reserved city's right to collect wharfage from vessels not on railroad business
  • Vessels were engaged in general freight, not railroad business, so wharfage was due

Jurisdiction

not challenged
Subject matter
Admiralty/maritime jurisdiction over wharfage disputes
Jurisdictional facts
  • Libels filed to recover wharfage dues for vessels using wharves
  • Appeals from District Court decrees

Procedural posture

Posture at trial
Decrees rendered against vessels for wharfage dues
Posture on appeal
Direct appeal from district court decrees
Preserved issues
  • Interpretation of contracts between city, railroad company, and construction company
  • Right to collect wharfage dues

Subsequent history

Petition for rehearing
not filed

Legal categories

Business

Case record

Full case name
THE CLEARWATER (two cases). THE BREAKWATER. THE STILLWATER. THE WANDERER (five cases). NEW ORLEANS, B., R. M. & C. A. S. S. CO., Limited, v. LOUISIANA CONST. & IMP. CO.
Docket number
Nos. 467, 468, 469, 470, and 471
Court
Circuit Court of Appeals, Fifth Circuit
Trial court
District Court of the United States for the Eastern District of Louisiana
Trial court judge
Not specified
Decided
Opinion author
PARDEE, Circuit Judge
Opinion type
published
Precedential status
precedential
Judges on panel
PARDEE, Circuit JudgeMcCORMICK, Circuit JudgeSPEER, District Judge

Issues & holdings

1
Issues raised
1
affirmed
1
Holdings
Standard of review

de novo

Disposition rationale

Under contracts, city reserved right to collect wharfage from vessels not on railroad business, and this right passed to construction company

Preservation

Issue preserved for review

Holdings of the court

Right to collect wharfage dues
The Louisiana Construction & Improvement Company had the right to collect wharfage dues from vessels using wharves between Port and Montegut streets when vessels were not on the business of the Northeastern Railroad Company
City's contract with railroad company reserved wharfage rights for vessels not on railroad business; city's lease to construction company conveyed all wharfage rights city had; thus construction company could collect dues
unanimousbinding precedent

Error analysis

  • District court erred in finding wharfage due — legal · no error foundnot applicable

Statutory interpretation

1
Statute
City ordinances establishing wharfage rates
Question
Whether ordinances applied to wharves between Port and Montegut streets
Court's reading
Ordinances applied as part of lease conveyance
Canons applied
plain meaning

Burden of proof

Prosecution burden
Libelant must prove right to collect wharfage under contracts
Burden met
true

Standards of review

  • Interpretation of contracts and leases — de novo Contract interpretation is a question of law reviewed de novo

Timeline

6
Events
— Prior to litigation
Span
appeal eventcited in opinion

Circuit Court of Appeals affirmed district court decrees

Outcome: Affirmed

Final disposition of appeal

Circuit Court of Appeals appellate court
Not specifiedfilingcited in opinion

Five libels filed by Louisiana Construction & Improvement Company against vessels to recover wharfage dues

Outcome: Libels filed

Initiated legal action

Louisiana Construction & Improvement Company · New Orleans, Belize, Royal Mail & Central American Steamship Company, Limited trial court
Not specifiedrulingcited in opinion

District court rendered decrees against vessels for wharfage dues

Outcome: Decrees against vessels

Trial court decision appealed

District Court trial court
Prior to litigationfactual eventcited in opinion

City of New Orleans leased wharves to Louisiana Construction & Improvement Company

Established libelant's claim to wharfage revenues

City of New Orleans · Louisiana Construction & Improvement Company
Prior to litigationfactual eventcited in opinion

Northeastern Railroad Company built wharves between Port and Montegut streets under city ordinance

Created wharves at issue in dispute

Northeastern Railroad Company · City of New Orleans
Prior to litigationfactual eventcited in opinion

Appellant's vessels used wharves between Port and Montegut streets for general freight business

Triggered wharfage dues claim

New Orleans, Belize, Royal Mail & Central American Steamship Company, Limited

Facts & evidence

Incident

Location
Wharves between Port and Montegut streets, New Orleans, Louisiana

Key facts

5 facts
  1. Louisiana Construction & Improvement Company leased public wharves from City of New Orleans
  2. Northeastern Railroad Company built wharves between Port and Montegut streets under city ordinance
  3. Appellant's vessels used these wharves for general freight business, not exclusively for railroad company
  4. Contracts specified wharfage dues exemptions for vessels on railroad company business
  5. Dispute over whether construction company could collect wharfage from vessels using railroad-built wharves

Disputed questions

  • Whether wharfage was due for vessels using wharves between Port and Montegut streets
  • Interpretation of lease and contract terms regarding wharfage exemptions

Procedural history

3 steps
  1. Five libels filed by Louisiana Construction & Improvement Company against vessels
  2. District court rendered decrees against vessels for wharfage dues
  3. Claimant appealed to Circuit Court of Appeals

Evidence in the record

Testimonial
  • Admissions in pleadings regarding vessel use and wharf location
Documentary
  • Lease between city and Louisiana Construction & Improvement Company
  • Ordinance recited in lease specifying wharves covered
  • Contract between city and Northeastern Railroad Company
  • City ordinances establishing wharfage rates

Jury

Verdict
Not applicable - admiralty case decided by court

Sentencing

Sentence challenged on appeal
false

Objects of relevance

Wharves between Port and Montegut streets in New Orleans

Authorities

Statutes

  • City ordinances establishing wharfage rates

Standards & doctrines

  • De novo review of contract interpretation

Legal principles applied

  • Contract terms govern wharfage exemptions
  • Lease conveys all rights lessor possesses

Notable quotes

“No intention to reserve any wharf dues that the city had a right to collect can be inferred from any of the details of the contract which relate generally to the burdens assumed by the lessee.”
majority — Interpreting city's lease to construction company
Shows lease conveyed all wharfage rights
“As the vessels libeled in these cases occupied the wharves between Port and Montegut streets not on the business of the railroad company, nor for the purpose of receiving or discharging freight or passengers to and from said company as a carrier, it is clear that, under the provisions aforesaid, the ships libeled were liable to pay the usual wharf dues.”
majority — Applying railroad contract terms
Key factual determination leading to liability
Index terms61
Summary terms
Legal mechanisms
Various actions
Various actors
Legal concepts
Legal outcomes
Legal issues
Legal procedures
Legal remedies
Legal evidence
Legal arguments
Legal defenses
Legal penalties
Legal procedural steps
Geo locations
Judges
Attorneys
Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
affirmed
Target
district court decrees against vessels for wharfage dues
Appealed from
District Court of the United States for the Eastern District of Louisiana
Context
Circuit Court of Appeals affirmed district court decrees, holding construction company had right to collect wharfage under contracts
Scope
full
Disposition vote
unanimous
Search facets
Parties
Judges
Speer
Courts
Locations